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Agreed. I think it's very likely that a ban would be upheld against a Free Exercise challenge (even though at least one lower court did strike such a proposal d
by adrianba 5y ago
Agreed. I think it's very likely that a ban would be upheld against a Free Exercise challenge (even though at least one lower court did strike such a proposal down on this ground).
Some people think it would not survive a Due Process challenge, though, because there isn't a strong enough basis to overcome a parent's fundamental right to make decisions about their child. I could see that being a close question.
- arcticbull 5y agoI agree, and I think the prevailing climate would have to change first. However I don't see anything that would make such a law fundamentally and obviously unconstitutional. The case I could make is that it may prevent the child's right to future free exercise of a religion in which the, uh, package should be, err, OEM.